7 or 10 rounds edc

[Upstate43]

You remind me of an annoying nagging wife/girlfriend. What do you want from me? Take a look at the relevant information someone posts instead of nitpicking older posts and into odd random topics. I'm not always correct, and I'm okay with that, but due to confusion and continued unlawful enforcement that remians, Even if the law was repealed, It's still being enforced by many police in different counties, That's all I just put emphasis on.

If that portion of the law has been repealed (which we all agree that is has been), then a police agency cannot legally enforce said law.

They might arrest you and try to charge you (though I've yet to hear of someone getting arrested purely for breaking the 7-round magazine limit) but said charge has about zero chance of surviving scrutiny in a criminal court.

 

[seezur]

I understand the appeal of trying to protect yourself legally; I do it myself, as much as possible.

But I always find it interesting how concerned people get over every little technicality, endlessly ruminating over worst case scenarios. The bottom line is you’re carrying a handgun in NY for self defense. And yet I always hear people talk about how even a perfect “good shoot” is going to cost them their entire net worth their gun and maybe even some jail time.

I guess I just don’t understand why some people even bother carrying. I know if I thought I was living on the edge of the law, ready to be arrested at any moment, with the loss of all freedom and wealth, I wouldn’t carry. This magazine thing is the same kind of issue; shouldn’t you be more concerned about carrying in general than 7 versus 10?

All you can do is act in good faith. Yeah maybe you’ll get the death penalty for 10 rounds in a magazine, but maybe you’ll win the lottery or maybe an asteroid will crash into the Earth.

 

[Robin]

Large Capacity Ammunition Magazines in New York | Giffords Law Center to Prevent Gun Violence

How many rounds, 7 or 10?

The state police say they will not enforce the seven round limit, but they also stress that other law enforcement departments may indeed still enforce it.
The fact is that the law is still on the books and you could still be charged. No matter the court outcome you will have no actionable cause against the officer no matter his real or perceived motivation is, because, The Law Is Still On The Books!
FUACUPOS And he probably giggles himself to sleep every night thinking of the angst he has caused people he believes don't belong in his state.
Robin

 

[Marine Cpl]

Large Capacity Ammunition Magazines in New York | Giffords Law Center to Prevent Gun Violence

How many rounds, 7 or 10?

The state police say they will not enforce the seven round limit, but they also stress that other law enforcement departments may indeed still enforce it.
The fact is that the law is still on the books and you could still be charged. No matter the court outcome you will have no actionable cause against the officer no matter his real or perceived motivation is, because, The Law Is Still On The Books!
FUACUPOS And he probably giggles himself to sleep every night thinking of the angst he has caused people he believes don't belong in his state.
Robin

The first article is from Kathy Giffords. Enough said.

The second article is an old article that references only Skretney's decision from the Western District of NY. When the article was written, the Federal 2nd Circuit Appeal Court decision that applies to New York and Connecticut didn't come out yet.

 

[99cummins]

A recent story out of niagara county on this subject...

Niagara County DA will not prosecute SAFE Act provision

 

[Robin]

So what, it's still on the books.
Robin

 

[Upstate43]

So what, it's still on the books.
Robin

You're using slang that doesn't mean anything.

Whether or not a law is "on the books" doesn't matter if a judge has overruled it. Judiciary branch is there to vet and decide whether legislation is constitutional. A judged ruled that the 7 round limit was "too arbitrary." A DA would be foolish to try and charge someone for violating that part of the law, and if they did, I'm sure any number of 2a advocacy groups would be willing to assist in that legal fight.

 

[Robin]

The judge made an unconstitutional ruling on an unconstitutional law. Thats not slang, Skretny says 7 is arbitrary and 10 is not, maybe that isn't slang either but the whole thought process is arbitrary and non-judicious, a further politicalization of a political, as opposed to a constitutionally sound, law.
You think on the books doesn't matter? Fine, carry on.
Robin